In 1978, the Title VII of the Civil Rights Act of 1964 was amended to make discrimination based on pregnancy illegal. The Pregnancy Discrimination Act (PDA) considers discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy unlawful sex discrimination.
The essential requirement of the PDA is that the employer must treat women who are pregnant or have a pregnancy-related medical condition in the same manner as other applicants or employees with similar abilities or limitations. More specifically, an employer cannot refuse to hire a pregnant woman because of her pregnancy or related medical condition, and if the employee is temporarily unable to perform her job, the employer must treat the employee the same as any other temporarily disabled employee.
The Family And Medical Leave Act
Under the Family and Medical Leave Act (FMLA), an employer with 50 or more employees must provide up to 12 weeks of unpaid leave following the birth of a child or an adoption. This applies to both a new mother and a new father.
Some employers may discriminate against the new parent by denying leave, wrongfully discharging the employee or downgrading the employee's job responsibilities. If you have suffered a violation of the Pregnancy Discrimination Act or the FMLA, you may be able to obtain compensation for your lost wages and other relief.
The Law Firm of Michael M. Shultz is an experienced employment law firm that fights for the rights of employees. We use the law and the legal system to obtain compensation in cases involving pregnancy discrimination, gender discrimination, disability discrimination and other prohibited forms of discrimination.
Call 785-838-4300 to arrange for a free consultation* with the Law Firm of Michael M. Shultz.
An Experienced Advocate
Many legal issues regarding pregnancy discrimination and the FMLA are yet to be resolved by the courts. Your case may involve a clear-cut violation of the Pregnancy Discrimination Act or the FMLA or it may involve more subtle issues. Given the unsettled state of the law, especially the FMLA, representation by a knowledgeable lawyer is essential.
For over 20 years, Michael Shultz has practiced employment law. As a professor of law at the University of Missouri-Kansas City School of Law, he taught a variety of courses over six years, many of which covered discrimination and other employment laws. Since that time, Mike has attended numerous seminars covering the FMLA and has closely monitored the case law on this complicated law. Mike will apply this knowledge and expertise to your case.
The law says that employers must offer pregnant women the same rights as employees with other medical conditions and offer employees family leave time after the birth or adoption of a child, and that they must not discriminate upon the return of the parent to work. If you have suffered such discrimination, the Law Firm of Michael M. Shultz will work to obtain compensation for you.
The First Step Toward A Solution Is A Consultation
The Law Firm of Michael M. Shultz takes employment law and pregnancy discrimination cases on a contingency basis. You will not owe us a fee unless we are able to recover compensation for you. For a free initial consultation, call 785-838-4300 or send the firm an email.
The Law Firm of Michael M. Shultz represents clients in northeast Kansas from Wichita to Topeka and across the state..
*Our free initial consultation is designed to help potential clients determine whether he or she has valid legal claims that can be filed with state or federal agencies or with the courts. It is usually completed via phone and lasts a maximum of 30 minutes. A follow-up office visit may be scheduled if appropriate.